My wife has an approved H1 w/ COS starting from Oct 1. Her current status is H4. She wants to continue to maintain her H4 status, so we want to to file for reinstatement of H4 before Oct 1.

How long does it take for USCIS to approve H4 reinstatement?

Thanks!

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pd_recapturing

04-28 08:32 AM

I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B. Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.

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chanduv23

01-25 02:43 PM

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dixie

08-02 09:05 PM

Hi, I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

Philippines GC numbers are almost exclusively Schedule A (nursing etc) - 23K consumption is out of the 50K that was authorized by congress as a one time adjustment in '05 - so these no:s are over and above the yearly 140K and hence does not put Philippines in the "oversubscribed" column (go figure)...

I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!

why is there not an EB3 Philipenes with backlogs? that would free up EB3 ROW and allow spillover Clearly Philipenes has enough applicants to have backlog issues???

"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.

�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."

This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.

ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

Look at my other thread as an example.

Hopefully you resolve it fast

I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case 1) I am with the same employer since I applied for my GC 2) Still on H1B 3) No AC21 4) With a very good company ( medium sized) which never laid off any employees so far 5) Not a labour substitution

I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out. But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case

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ArkBird

10-28 02:05 AM

If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.

HTH

- Pre-approved labor dated 03/2004 - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days - 2nd RFE on 140 after 30 days - Education mismatch - Again responded - There was no response even after 60 days, so we called and created a service request. - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

Is it possible to get your EAD, if I-140 is still pending. :confused: Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)

yes, really I missed that oppurtunity by 7 days. my only question is Can she stay here until I94 expires? or for 180 days?

Thanks

talk to a lawyer, or check forums...if you were too close in approval/marriage dates there will be some way to clear this up. First try to get her here on H4 and then chase her GC application. Afterall, marriage is important

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STAmisha

04-09 05:43 PM

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Dipika

06-20 12:51 PM

Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....

You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.

m1801b

09-11 12:33 AM

Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that: 1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension. 2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not. 3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer. 4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.

I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.

I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.

Some folks have suggested me to get a consulting from someone from Sheela Murthy.

Thanks you so much.

R009

09-20 02:55 AM

I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".